Notice of alleged action 591- implications

[swetg1]

Hi,
We (myself, mywife and kid) travelled to EWR, NJ airport from Mumbai (india) recently, we had to check-in one cabin bag in the last moment of getting into flight as flight personnel said there might not be space in the flight, that bag has apple, in the cbp declaration form we ticked NO for all questions (food , raw items etc..), we completely forgot this.
An officer at baggage collecting belt asked that whether any fruits in the bag as the dog sniffed it seems, after thinking a bit, we said there is one apple for baby, then she has written an apple on cbp form, she asked if there is any rice or chickpeas, we said no, then we were asked to proceed to baggage inspection, where all our bags were went through xray, in one of the check-in bag there were few goose berries (apprx 8), they said these are not allowed, and since we did not declare them they said we have to pay a fine of $300, they gave us a 'notice of alleged violation-591', it's mentioned '10 goose berries' in that document (whole form hand filled by officer), though we pleaded alot mentioning it's first and last time, the officer said they can't waive off fine, we were asked to send the money order or cashier cheque to cbp address.

Have couple of questions on this instance, please answer-

1) Can we call helpline/ customer care number and ask to waive off the penalty? any idea which number to contact.?

2) Does this violation have any implications on H1 visa renewal or green card process? I got my I140 approved, have H1 valid till 2019 jan.

3) Only my passport number and other details are mentioned in that notice, i believe this is on my name or will it be there on my wife name too? they took photocopy of both of our passports.

4) Will there be any record exists on their system? and it will flag every time when we go through cbp and will need to have our bags inspected? how many years will this be there? Can we anyways check whether our name or record is flagged?

5) What to answer for below questions in DS160?, or do we need to mention this in any other places like H1 extn applicaiton or background checks etc..

a)HAVE YOU EVER BEEN ARRESTED OR CONVICTED FOR ANY CRIME, EVEN THOUGH SUBJECT OF A PARDON, AMNESTY or OTHER SIMILAR ACTION?

b)HAVE YOU EVER VIOLATED , OR ENGAGED IN CONSPIRACY TO VIOLATE, ANY LAW RELATING TO CONTROLLED SUBSTANCES?

Thank you.

[pontevecchio]

1. I suggest you pay the penalty and move on. Agriculture is a multi billion dollar Industry and there is a reason why fruits and other specific items are not allowed entry .

 

2. NO.

 

3. It does not matter.

 

4. No. It will not. PLEASE remember to follow the regulations next time.

 

5. It is irrelevant to any forms. You can say no TO ANY OR ALL SIMILAR QUESTIONS.

[swetg1]

On 10/23/2016 at 0:03 PM, pontevecchio said:

Thank you Pontevecchio, can you please answer below questions.

1. I suggest you pay the penalty and move on. Agriculture is a multi billion dollar Industry and there is a reason why fruits and other specific items are not allowed entry .

swetg1- Penalty is paid (money order sent to the mentioned address in notice), how to confirm whether they have received it.?

2. NO.

swetg1- There is a question in GC I-485 that '

"Have you ever, in or outside the United States:  Been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?"

What to answer for this? as mine is civil violation, should i enter Yes and explain?

3. It does not matter.

Swetg1- Couple of known friends are asked to go for mandatory bag inspection for the same violation, the cbp officer was even telling me that i will need to go for bag inspection next time onwards, is it true? will this be erased after couple of checks? Also, will this record pop up in VO system when we go for visa interview next time.?

4. No. It will not. PLEASE remember to follow the regulations next time.

5. It is irrelevant to any forms. You can say no TO ANY OR ALL SIMILAR QUESTIONS.

Swetg1- I agree, it is very minor and irrelevant, but not sure whether we need to mention this anywhere, sometimes questions are very wide in nature rather specific, am not sure whether this record exist any of the systems and how long, any idea.?

 

[swetg1]

Hi, can anyone reply inline to my comments above please.?

[Mani1254]

Hello

I have been fined for the same violation in Newark airport last year. Can you tell me if you have experienced any problem while traveling to India after the fine and is there any problem that you faced while extending your H1B.

Appreciate your response. 

Thanks